Common use of Waiver and Severability Clause in Contracts

Waiver and Severability. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.

Appears in 10 contracts

Samples: End User License Agreement, End User Agreement, End User Agreement

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Waiver and Severability. The failure by If either party Party fails to enforce at any provision time any of the provisions of this Agreement Agreement, or to exercise any election of options provided in this Agreement, that failure will not constitute a waiver of future enforcement of that provision or any other provision. Any waiver option, or amendment of any provision affect the validity of this Agreement will be effective only if in writing or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and signed by authorized representatives of both partiesevery provision. If any provision of this Agreement is held to be unenforceable invalid or invalidunenforceable, that provision the remainder of the Agreement will be enforced to the maximum extent possible and the other provisions will remain continue in full force and effect.

Appears in 10 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Waiver and Severability. The failure Failure by either party to exercise any of its rights under, or to enforce any provision of of, this Agreement will not constitute be deemed a waiver or forfeiture of future enforcement of that such rights or any other ability to enforce such provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable illegal, invalid or invalidunenforceable, that provision will be enforced amended to achieve as nearly as possible the maximum extent possible same economic effect of the original provision and the other provisions remainder of this Agreement will remain in full force and effect.

Appears in 8 contracts

Samples: Member Master Subscription Agreement, Master Subscription Agreement, Terms of Use

Waiver and Severability. The failure Failure by either party to enforce at any time any provision of this Agreement will Agreement, or to exercise any election of options provide herein, shall not constitute a waiver of future enforcement of that such provision or any other provision. Any waiver or amendment of any provision option, nor affect the validity of this Agreement will be effective only if in writing or any part thereof, or the right of the waiving party to thereafter enforce each and signed by authorized representatives of both partiesevery such provisions. If any provision of this Agreement is held to be unenforceable invalid or invalidunenforceable, that provision will be enforced to the maximum extent possible and remainder of the other provisions will remain Agreement shall continue in full force and effect.

Appears in 7 contracts

Samples: Software License and Maintenance Agreement, Software Lease and Maintenance Agreement (Cash America International Inc), Software Lease and Maintenance Agreement (Enova International, Inc.)

Waiver and Severability. The failure by of either party to enforce any provision of this Agreement will shall not constitute a waiver of future enforcement of that or any other the party’s rights to subsequently enforce the provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held shall be declared by any court of competent jurisdiction to be unenforceable illegal, void or invalidunenforceable, that provision will be enforced to the maximum extent possible and the all other provisions will of this Agreement shall not be affected and shall remain in full force and effect.

Appears in 4 contracts

Samples: Portal/Los Link Agreement, Portal/Los Link Agreement (Ellie Mae Inc), Portal/Los Link Agreement (Ellie Mae Inc)

Waiver and Severability. The failure by of either party to enforce any provision provisions of this Agreement will not constitute be construed as a waiver of future enforcement or limitation of that or any other provision. Any waiver or amendment of any party's right to subsequently enforce and compel strict compliance with every provision of this Agreement will be effective only if in writing and signed by authorized representatives of both partiesAgreement. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be unenforceable invalid or invalidunenforceable, that neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent possible and the other provisions will remain in full force and effectpermitted by law.

Appears in 4 contracts

Samples: Short Term Rental Agreement, Rental Agreement, Residential Lease Agreement

Waiver and Severability. The Waiver or failure by either party to enforce exercise in any provision of this respect any right provided for in the Agreement will not constitute be deemed a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision of further right under this Agreement will be effective only if in writing and signed by authorized representatives of both partiesAgreement. If any provision of this Agreement is held found by a court of competent jurisdiction to be unenforceable or invalidfor any reason, that provision the remainder of this Agreement will be enforced to the maximum extent possible and the other provisions will remain continue in full force and effect.

Appears in 4 contracts

Samples: Master Services Agreement, Master Information Technology Service Agreement, Master Services Agreement

Waiver and Severability. The failure by of either party to enforce any right or provision of in this Agreement will shall not constitute a waiver of future enforcement of that such right or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if unless acknowledged and agreed to by such party in writing and signed by authorized representatives of both partieswriting. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable or invalidprovision(s), that provision will be enforced to the maximum extent possible and the with all other provisions will remain remaining in full force and effect.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Waiver and Severability. The failure by of either party to enforce any provision provisions of this Agreement will not constitute be construed as a waiver of future enforcement or limitation of that or any other provision. Any waiver or amendment of any party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement will be effective only if in writing and signed by authorized representatives of both partiesAgreement. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be unenforceable invalid or invalidunenforceable, that neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent possible and the other provisions will remain in full force and effectpermitted by law.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Waiver and Severability. The failure a. Failure by either party Party to enforce at any provision time or for any time the provisions of this Agreement will shall not constitute be construed as a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing such provisions and signed by authorized representatives of both parties. shall not affect such Party’s rights to later enforce such provisions. b. If any provision part of this Agreement is held determined by any court or tribunal of competent jurisdiction to be wholly or partially unenforceable or invalidfor any reason, that provision will be enforced to such unenforceability shall not affect the maximum extent possible and the other provisions will remain in full force and effectbalance of this Agreement.

Appears in 2 contracts

Samples: Software Development, License and Distribution Agreement, Software Development, License and Distribution Agreement (Ep Medsystems Inc)

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Waiver and Severability. The failure by of either party to enforce any provision provisions of this Agreement will not constitute be construed as a waiver of future enforcement or limitation of that or any other provision. Any waiver or amendment of any party's right to subsequently enforce and compel strict compliance with every provision of this Agreement will be effective only if in writing and signed by authorized representatives of both partiesAgreement. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be unenforceable invalid or invalidunenforceable, that neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent possible and the other provisions will remain in full force and effectpermitted by law.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Waiver and Severability. The failure by either party Party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both partiesthe Parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Waiver and Severability. The failure by either party of a Party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that such right or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable invalid or invalidunenforceable, that provision will be enforced to the maximum extent possible and the other remaining provisions of this Agreement will remain in full force and effect.

Appears in 1 contract

Samples: Commercial Supplier Agreement

Waiver and Severability. The failure by of either party Party to enforce any provision of this Agreement will shall not constitute be deemed a waiver of future enforcement that provision or of the right of the Party to thereafter enforce that or any other provision. Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If In the event that any provision of this Agreement is held to be unenforceable or invalid, that unenforceable, or illegal, the provision will be enforced limited or eliminated to the maximum minimum extent possible and the other provisions will necessary so that this Agreement shall otherwise remain in full force and effecteffect and enforceable.

Appears in 1 contract

Samples: Regulatory Online Training and Testing Agreement

Waiver and Severability. The failure by of either party Party to enforce at any provision time any of the provisions of this Agreement will not constitute be construed to be a waiver of future enforcement continuing waiver, nor will that failure prejudice the right of that or Party to take any other provision. Any waiver or amendment of action in the future to enforce any provision of provisions in this Agreement will be effective only if in writing and signed by authorized representatives of both partiesAgreement. If any provision of this Agreement is held determined to be unenforceable or illegal, invalid, that provision will be enforced to or unenforceable, the maximum extent possible and validity of the other remaining provisions will remain not be affected and, in full force lieu of an illegal, invalid, or unenforceable provision, provisions similar in terms as may be legal, valid and effectenforceable under applicable law are deemed added.

Appears in 1 contract

Samples: Distributor Agreement

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